Free Order - District Court of Delaware - Delaware

M N Case 1 :04-cv-00917-GIVIS Document 26 Filed 04/20/2006 Page 1 of 4
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
In re: ) Chapter 11
INTEGRATED HEALTH SERVICES, INC, et al., g Case No. 00-389 (MFW)
g (J ointly Administered)
Debtors. )
)
)
IHS LIQUIDATING LLC, )
Appellant, g
v. g Appeal No. 04-CV-9l7(GMS)
DON G. ANGELL, et al., g
Appellee. g
)
CONSENT ORDER
The Court having issued its Memorandum Opinion and Order regarding this
appeal on March 21, 2006, and a resolution having been reached between appellant IHS
- Liquidating LLC and appellees Don G. Angell, Don G. Angell Irrevocable Trust, Angell Care
1 Incorporated, and Bermuda Village Retirement Center Limited Partnership ,with respect to the
1 final allowance and satisfaction of appe1lees’ claims against the estates of the above captioned
. debtors, it is hereby ordered that this matter shall be resolved as follows:
l. In accordance with the Amended Joint Plan of Reorganization of
Integrated Health Services, Inc. and Its Subsidiaries Under Chapter I 1 ofthe Bankruptcy Cade,
dated March 13, 2003, which became effective on September 9, 2003 (the "Plan"), appel1ees’
claims shall be Allowed as Premiere Unsecured Claims (as defined in the Plan), and the
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Case 1 :04-cv-00917-GIVIS Document 26 Filed 04/20/2006 Page 2 of 4
Liquidating LLC shall make full and final distributions to the appellees on account of such
claims as follows:
a. Proof of Claim 10620 filed by Don G. Angell shall be deemed an
Allowed Premiere Unsecured Claim in the amount of $8,888,603.35. The
Liquidating LLC is ordered and directed to pay $$33,316.20, by way of wire
transfer to Don G. Angell, in full and final satisfaction of his Allowed Premiere
Unsecured Claim;
b. Proof of Claim 10623 filed by Bermuda Village Retirement Center
shall be deemed an Allowed Premiere Unsecured Claim in the amount of
$2,764,631.Sl. The Liquidating LLC is ordered and directed to pay $165,877.9l,
by way of wire transfer to the Bermuda Village Retirement Center, in full and
_ final satisfaction of its Allowed Premiere Unsecured Claim; and
c. Proof of Claim 10625 filed by the Don G. Angell Irrevocable Trust
shall be deemed an Allowed Premiere Unsecured Claim in the amount of
$l,409,923.27. The Liquidating LLC is ordered and directed to pay $84,595.40,
by way of wire transfer to the Don G. Angell Irrevocable Trust, in full and final
satisfaction of its Allowed Premiere Unsecured.
2. The Liquidating LLC shall deliver the payments described in paragraph 1
within two (2) business days after the entry of this Consent Order, in accordance with written
wiring instructions that shall be supplied by the respective holders of the Allowed Premiere
Unsecured Claims Nos. 10620, 10623 and 10625 described in paragraph 1 of this Order.
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Case 1 :04-cv-00917-GIVIS Document 26 Filed 04/20/2006 Page 3 of 4
3. The Memorandum Opinion and Order of this Court dated March 21, 2006,
is hereby withdrawn, and the Clerk of the Court is directed to expunge the Memorandum and
Order from the docket and record in these cases.
4. This appeal is hereby deemed dismissed with prejudice, on agreement of
the parties, and the Order (I) Granting Motion To Dismiss Counterclaims; (Il) Sustaining, in part,
‘ and Overruling, In Part, Objections to Claims; and (III) Allowing Unsecured Claims of Don G.
_ Angell, Don G. Angell Irrevocable Trust, Angell Care Incorporated and Bermuda Village
‘ Retirement Center Limited Partnership, entered on June 25, 2004 by Judge Walrath ("the
Order") is affirmed.
5. The Court finds that the Appellees' prosecution of the previously stayed
action in the United States District Court for the Middle District of North Carolina, captioned
Don G. Angell etal v. Elizabeth B. Kelly etal., Case No. 01-cv-435, is contemplated by section
10.4 ofthe Debtors' Plan of Reorganization and paragraphs 2 and 3 of that certain Stipulation
and Order By and Among Integrated Health Services, Inc., Premiere Associates, Inc., and the
Angell Creditors Regarding Debtors' Motion for Preliminary Injunction Staying the Prosecution
ofthe Angell Action, entered by the Bankruptcy Court on June 12, 2001.
Dated: *7 , 2006 .
Wi mington, Delaware
Unite States District Judge
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Case 1 :04-cv-00917-GIVIS Document 26 Filed 04/20/2006 Page 4 of 4
Stipulated and Agreed:
Dated: April g O , 2006
YOUNG CONAWAY STARGATT & TAYLOR, LLP
;R0be1t S. Brady go. 2847)
Edmon L. Morton (N0. 3856)
The Brandywine Building
1000 West Street, 17m Floor ‘
Wilmington, DE 19801
(302) 571-6600
..a_nd-
KAYE SCHOLER LLP
Arthur Steinberg
Marc D. Rosenberg
425 Park Avenue
New York, NY 10022-3598
(212) 836-8000
Attorneys for Appellant
Dated: April , 2006
PEPPER HAMILTON LLP
David B. Stratton 1,10, Q 4,0)
Hercules Plaza, Suite 5100
1313 Market Street
Wilmington, DE 19801
(302) 777-6500
{ind-
PEPPER HAMILTON LLP
B0m1ie MacDouga1 Kistler
Linda J . Casey
3000 Logan Square
Eighteenth and Arch Streets
Philadelphia, PA 19103-2799
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